Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while sitting as Court of First appeal is duty bound to deal with all issues and evidence led by parties - In the instant case, High Court considered only the preliminary issue of limitation and did not consider the other issues in appeal, which is impermissible - Matter remanded to High Court to decide..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 96, 100, 106 -- Restoration of possession - Suit decreed - Appeal and review there against is not maintainable - It is revision which is maintainable in an appropriate case...........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A -- Counter claim - First appeal - Even if counter-claim is for a lessor amount than the suit claim, even then in respect of counter-claim appeal will lie to the same Court in which appeal will have to be filed in respect of the suit and for the purpose of jurisdiction, composite value of both the suit and..........
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A, -- First appeal - Suit dismissed and counter claim decreed - Single appeal lies against case and counter claim and only separate court fee has to be paid for the respective claims...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Jurisdiction of first appellate Court is very wide like that of trial Court - It is open to appellant to attack all findings of fact or law in first appeal - It is duty of first appellate Court to appreciate entire evidence and may come to a conclusion different from that of trial Court...........
Civil Procedure Code, 1908, Section 96 -- First appeal - It is a valuable legal right of litigant - High Court should not have dismissed the appeal in limine but in first instance should have admitted the appeal and then decided finally after serving notice of appeal on opposite party - Instantly, Learned judge while dismissing appeal observed that appeal has "absolutely..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Scope - When appellate Court had come to conclusion that plaintiff had no locus to file the suit, then it could not have adjudicated upon merits of case in appeal...........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Section 5 -- Appeal - Delay of 25 days in filing appeal - Condonation of delay - Appeal allowed first and as a consequence delay condoned - Procedure adopted by lower appellate Court is strange - Unless delay is condoned, appellate Court does not get jurisdiction to decide appeal on merits - Impugned order of..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Decided on merits without hearing either of parties - Not permissible...........
